Commonly, slip and fall accidents in a parking lot do not result in severe injuries hence such a situation may not require an individual to seek a legal recourse to obtain damages. However, there are some instances where an individual may suffer an accident causing them an injury which requires medical attention. In such a scenario, the person may end up in the court.
In Wisconsin, one of the most common slip and fall accidents in a parking lot relates to black ice. Black ice, also known as clear ice, is a thin layer of glazed ice which usually amasses on the side of the roads. Though the color of the ice itself is not black, as the name suggests; it is transparent which makes the black road below the ice to be seen through its surface, hence the name black ice.
The Duty of Care
In a personal injury case such as a slip and fall accident, a plaintiff must prove the negligence of the defendant to seek compensation. In this regard, they must establish 4 points of negligence, first of which is establishing a duty of care. A property owner owes a duty of care to each customer or guest that is invited and uses the parking lot and suffers from harm while on their property. Using their proficiency in legal matters, an experienced slip and fall lawyer can help you to establish that the defendant owed you a duty of care.
Breach of Duty
The second point of negligence is a breach of duty, which refers to the violation of the duty of care. If the property owner did not take reasonable care or fair safety measures to ensure that their customers or invited guests avoid sustaining an injury, that duty is deemed to be breached. For instance, the owner was aware or should have been aware of the dangers associated with the ice and slippery surface, yet did not take reasonable measures to ascertain the safety of others.
The third point of negligence requires the plaintiff to demonstrate that the breach of duty caused harm to the defendant. Therefore, you must prove that there was a direct connection between the breach of duty and the injuries that you sustained. The slippery surface in the parking spot can directly cause substantial harm, thus qualifies for the reason that you may use to authenticate your claim.
Finally, the plaintiff must prove that the defendant’s breach of duty resulted in a pecuniary injury. You must demonstrate that the injuries which you sustained warranted medical attention which may also help you to establish that the black ice in the parking lot was the reason that you initiated a lawsuit.
If you believe that you have suffered an injury in the parking lot due to the negligence of the property owner and want to initiate a legal action against them, it can be highly beneficial for you to hire the services of a competent slip and fall lawyer. An attorney will help you to establish all four points of negligence by analyzing the facts and collecting evidence pertaining to your case. This will strengthen your case and allow you to obtain a rightful compensation for your pain and sufferings.
Initially, a skillful slip and fall lawyer will try to secure a favorable settlement for your loss and sufferings rather than taking your case to a trial, hence sparing you from tedious legal proceedings. Even if the parties don’t reach a settlement, having an attorney by your side will ensure that your rights remain protected throughout the litigation process.
If you wish to seek further information about this subject or schedule a consultation session, contact the team at Law Offices of John V. O’Connor at 262-671-1685 to discuss your case with an experienced slip and fall lawyer.